Capital construction rule under debate

Published: 08/06/2009 05:00

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LookAtVietnam – Changes to the laws pertaining to capital construction investment were the focus of National Assembly debate yesterday, June 8 in Ha Noi.

Many deputies also asked the law drafting committee to be more specific about issues of entitlement to permits - the issue of xin and cho, or whether permissions are automatic if stated criteria are met. (Photo: VNN)

Lawmakers generally agreed that amendments were necessary to the laws on construction, tendering, and environmental protection, as well as on enterprises, land and housing, in order to ease administrative bottlenecks impeding capital investment.

Accountability

The proposed changes would promote higher individual and institutional accountability in capital investments, create a more transparent legal environment, and streamline administrative procedures.

An amendment to Article 39 of the Law on Construction would give authority to the Prime Minister to approve national projects of the highest importance, while other projects using State budget funds would be approved at the ministry level.

But deputies Tran Dinh Long from the Central Highland province of Dak Lak and Le Quoc Dung from the northern province of Thai Binh were did not agree with these proposed changes, saying that they would diminish the role of the National Assembly.

Dung said that project size and source of capital were only two of the five criteria used to decided the level of importance of a national project, as defined in National Assembly Resolution No 66 passed in 2006.

The other three criteria are the number of people to be relocated, environmental impact, and impact on national-defence and security or relics that hold special significance to the nation’s history or culture.

Resolution No 66 called for the National Assembly to issue guidelines on investment in projects of national significance. These projects would then be approved by a resolution of the National Assembly and a decision of the Prime Minister.

Many deputies also asked the law drafting committee to be more specific about issues of entitlement to permits - the issue of xin and cho (ask and give), or whether permissions are automatic if stated criteria are met.

Other topics discussed in yesterday’s plenary session under the chairmanship of National Assembly vice chairman Nguyen Duc Kien included whether contracts may be awared by appointment rather than by tendering.

Dao Xuan Nay from the southern province of Binh Thuan said he appreciated the proposed changes in the law, “They demonstrate the tendency of stronger decentralisation and the official commitment to simpler procedures,” he said.

He proposed more power be given to provincial People’s Committees in awarding contracts for local projects with significance for their communities.

La Van Tam from the Cuu Long (Mekong) Delta city of Can Tho said the award process must be transparent, open and efficient.

Draft law on militias

Later yesterday, deputies discussed the draft Law on Militias, being drawn up to replace the 2004 Ordinance on Militias.

“Defending the homeland is one of the sacred duties and basic rights of all citizens,” said deputies.

Deputy Nguyen Dang Kinh asked the drafting committee to add a clause on the rights and responsibility of militia forces, particularly militia units in enterprises that do not yet have political organisations.

Many deputies objected to the idea that militia units should only be formed in entities that have party cells.

“That’s not fair. If militia units are not allowed to be formed in enterprises without party cells, workers are deprived of their rights to perform their militia duties,” they said.

Under the bill, men aged from 18-45 and women aged from 18-40 would be eligible to join militia units.

VietNamNet/Viet Nam News

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